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Home My WebLink AboutORDINANCE 1915-2001Suggested by: Council Member Pat Porter CITY OF KENAI ORDINANCE N0. 1915-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.321 (BED AND BREAKFAST ESTABLISHMENTS) TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON- COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE KENAI ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for bed and breakfast conditional use permits should be required to provide proof of being current on financial obligations to the city prior to issuance of a conditional use permit; and, WHEREAS, bed and breakfast conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; and, WHEREAS, procedures for revocations of out-of compliance bed and breakfast conditional use permits should be better defined for the benefit of both the city and permit holders. NSW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.321 is amended as appears on Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of June 2001. ATTEST: \~~%~ o ~ Carol L. Freas, City Clerk Introduced: June 6, 2001 Adopted: June 20, 2001 Effective:. July 20, 2001 Ordinance No. 1915-2001 Attachment "A" Page 1 of 1 14.20.321 Bed and breakfast establishments. (a) Intent: It is the intent of this chapter to permit bed and breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary or incidental to the residential use of the main building. (b) Provided that these establishments shall be owner-operated, not more than one person outside the family shall be employed in the bed and breakfast; rent out no more than thirty percent (30%) of the total floor area; have adequate off street parking for owner and all guests; and shall meet all other requirements as set forth by the Planning and Zoning Commission at the time of public hearing. (c) The bed and breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table. (d) Issuance of the permit. Following approval by the Commission, the administrative official shall not issue the permit until the expiration of the 15-da r~appeal period contained in KMC 14.20.290. After approval by the Commission and before the issuance of the permit, the administrative official must determine that the applicant is current on all obli ations (e.~. sales tax, property tax, lease payments, utility payments) to the city or has entered into an approved payment plan with the city on any obligations owed and the applicant is in compliance with the payment plan and (if the permit is for a use required to collect sales tax) must show a valid borough sales tax account. If a timely appeal is filed pursuant to KMC 14.20.290, the permit shall not be issued unless authorized by the Board of Adjustment. (e)_ Yearly reports. The permit holder shall submit a yearlyport between October 1 and December 3,1 to the administrative official. Such report shall include a summary of the on-site activity. (f) Revocation for non-compliance/Compliance notices. If the Commission determines, based on the yearl~ew or any other investigation undertaken by the official, that the conduct of the operation(s) is not in compliance with: 1~ the terms and conditions of the permit; 2) the provisions of the Kenai Zoning Code; 3) or that the permit holder is not current on any obligations (e.g. sales tax, property tax, utility payments, lease payments) to the city unless the applicant has entered into an approved payment with .~ the city on any_obli~ations owed and the applicant is in compliance with the payment plan, the Commission may revoke the permit. The Commission shall not revoke the permit until the permit holder has been notified and given reasonable opportunity to correct the deficiency(s) or to provide information relating to or rebutting_th_e alleged deficiencY(s) . Appeals from decisions under this section shall be made in accordance with the provisions of KMC 14.20.290. If the administrative official determines the permit holder is in compliance with the conditions in this paragraph, it shall send a notice of compliance to the Commission and the permit holder. CITY OF KENAI PLANNING 8v ZONING COMMISSION RESOLUTION N0. PZO1-21 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT KMC 14.20.321 (BED AND BREAKFAST ESTABLISHMENTS) BE AMENDED TO PROVIDE: 1) THAT APPLICANTS MUST PROVIDE EVIDENCE OF BEING CURRENT ON ALL CITY OBLIGATIONS PRIOR TO ISSUANCE OF A PERMIT; 2) TO PROVIDE FOR AN ANNUAL REPORT SUMMARIZING ON-SITE ACTIVITY FOR THE YEAR; 3) SETTING FORTH STANDARDS FOR REVOCATION OF CONDITIONAL USE PERMITS FOR NON- COMPLIANCE WITH THE TERMS OF THE PERMIT, VIOLATIONS OF THE Kenai ZONING CODE, OR DELINQUENCY IN CITY OBLIGATIONS. WHEREAS, applicants for bed and breakfast conditional use permits should be required to provide proof of being current on financial obligations to the city prior to issuance of a conditional use permit; WHEREAS, bed and breakfast conditional use permit holders should be required to submit annual reports outlining the on-site activity in order to assist the city in monitoring compliance; , WHEREAS, procedures for revocations of out-of compliance bed and breakfast conditional use permits should be better defined for the benefit of both the city and permit holders. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.321 is amended as attached. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, PASSED BY THE PLANNING 8v ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 23rd day of MAY, 2001. ~~,~,' Chairman ATTfi~T: